My wife and I are planning to purchase a house in Stilton and are in fact using a Stilton conveyancing firm. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Skipton Building Society have this evening contacted us to inform me that they have now hit a problem as our Stilton conveyancer is not on their conveyancing panel. Is this a problem?
If you are buying a property requiring a mortgage it is usual for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Stilton lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
I am assisting my step-mother sell her property in Stilton. Will the conveyancer order an energy performance certificate or do I organise this?
Following the abolition of Home Packs, EPC’s was maintained a mandatory component of moving house. An energy performance certificate should be to hand in advance of the property being put on the market. It is not as aspect of the sale process that law firms ordinarily organise. If you are instructing a Stilton conveyancing practitioner they may be able to arrange EPC’s due to their relationships with reputable local energy assessors
I have a mortgage with Nottingham for my property in Stilton. Conveyancing has been completed some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nottingham?
Your original mortgage agreement with Nottingham will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. It may be that Nottingham will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel solicitor.
The formalities of my remortgage has taken place for my property in Stilton. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. Ordinarily complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
Me and my brother purchased a semi-detached Victorian house in Stilton. Conveyancing practitioner represented me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, the second leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Stilton and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with the conveyancing lawyer who conducted the work.
I decided to have a survey completed on a house in Stilton prior to appointing lawyers. I have been advised that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies may not grant a loan on such a house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Halifax. Should you wish to call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Stilton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Stilton to see if the conveyancing costs will increase in light of this.
As co-executor for the will of my aunt I am disposing of a house in Cardiff but reside in Stilton. My lawyer (approximately 260 miles from merequires that I execute a statutory declaration prior to the transaction finalising. Could you suggest a conveyancing solicitor in Stilton to witness and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or solicitor will suffice regardless of whether they are Stilton based